All members and staff were welcomed
to the meeting. The minutes of the Judicial Council's December 17, 2001
meeting were discussed. It was recommended that the following sentence
be added on page four, section 5, line 3 of the minutes: "Mr. Chabries
reported that he has informed the authors of the pre-sentence investigation
reports (mostly independent contractors) that if too many defendants were
sentenced to prison the budget shortfall would be made up by laying off
independent contractors." A motion was then made.

Motion:Judge Lynn
Davis made a motion to approve the minutes as modified. Justice Wilkins
seconded the motion. The motion carried unanimously.

2. CHAIRMAN'S
REPORT: (Chief Justice Howe)

Chief Justice Howe reported
that he recently attended the Conference of Chief Justices, at which time
he had an opportunity to meet with a number of deans of law schools from
around the country. Discussions took place between the various chief justices
and deans concerning bar admissions, and it was suggested the law schools
and bar admissions personnel should work more closely together to determine
competency and fitness of law school graduates before they are admitted
to the Bar.

3. ADMINISTRATOR'S
REPORT: (Daniel J. Becker)

Daniel J. Becker reported the
following items:

Chief Justice Howe delivered
the State of the Judiciary Address, Friday, January 25, 2002 in the legislature.
The address was very well received.

The Commission on Criminal and
Juvenile Justice has considered the next cycle for Juvenile Accountability
Incentive Block Grant (JAIBG) funding. With respect to the Courts, two
items have been funded with JAIBG money for 2003: $485,000 for the juvenile
information system and $170,000 for the purchase of digital audio equipment.

It appeared that Sandy City
was reconsidering their decision not to sell property to the State which
would be used for the new courthouse in Sandy. The Sandy City Council,
however, has voted not to sell the property. Our present request to the
legislature for a land purchase in Sandy will be withdrawn. The request
may be redefined to request design funds in order to expand the existing
Sandy Courthouse on existing property.

A press conference was held
January 17, 2002 in which the media was briefed on the status of the courts
during the Olympics. It was emphasized that no "special treatment" will
be given to defendants during the Olympics.

The 2002 Annual Report has been
released. This year, the report highlighted each district, providing information
about unique programs in each district, and information about district
size, number of court locations, etc.

4. REPORTS:

Management Committee: (Hon.
Lyle Anderson)

Judge Anderson reported that
most of the issues discussed by the Management Committee are on the Council's
agenda to be discussed later in the meeting.

Policy and Planning:
(Hon. Scott Johansen)

Judge Johansen reported that
a number of rules and policies which were discussed by Policy and Planning
are on the Council's agenda and will be discussed later in the meeting.

Liaison Committee
(Justice Michael Wilkins)

Justice Wilkins reported that
the Liaison Committee is generally taking no position on bills unless there
is an issue the Committee needs to express an opinion on.

Justice Wilkins and Richard
Schwermer mentioned that HB 136 proposes a number of amendments to the
membership of the Judicial Conduct Commission. The bill proposes the following
changes: the Supreme Court is to provide the information to go in the voter
information pamphlet, and that all information should be included in the
pamphlet such as findings of fact, conclusions of law and supporting reasons,
reprimand, censure and suspension; it is proposed that a member of the
Utah Court of Appeals and a senior judge be added to the Commission, and
that they be selected by the Chief Justice; the bill also defines the term
"investigation" and outlines what a record shall include.

The Council agreed that they
prefer the current system in place concerning the voter information pamphlet;
they are opposed to including non-public reprimands in the voter information
pamphlet; they would like lines 71 and 72 removed from the bill after "detailed
summary of the supporting reasons"; the Council stated that an active trial
judge needed to remain on the Commission, and that they would support the
addition of a second member (either from the Court of Appeals or Juvenile
Court) serving on the Commission as well; the Council disliked lines 288-292
on page 10; and they would like lines 297-303 on page 10 removed.

Bar Commission
(Debra Moore, esq.)

Debra Moore reported that in
December, the Bar Commission discussed the issue of encouraging judges
to attend the Bar conferences as a result of the Council's decision not
to meet in Sun Valley during the Annual Bar Conference this year. The Commission
voted to reimburse expenses of judges attending the Annual Bar Conference
in Sun Valley when they serve on panels. The Commission may decide to make
this a permanent change, but at this time, the reimbursement will be for
the 2002 conference on an experimental basis only in order to boost attendance.
The Commission also voted to waive the conference registration fee for
lawyer legislators.

Ms. Moore also reported that
in their January meeting, the Bar Commission spent time reviewing the character
and fitness process. Appeals have been made to the Bar on decisions of
the Character and Fitness Committee. Some decisions were overturned based
upon procedural concerns. The Bar has talked about refining the statement
of standard of review. Ms. Moore followed up on Chief Justice Howe's comments
about Deans and Bar admissions personnel coordinating. The Deans of Utah
law schools will be meeting with the Bar's Character and Fitness Committee
to see how they may be of assistance in this process.

The Bar reviewed a request
from the "and justice for all" campaign for a contribution for a new facility.
The request has been tabled at this time. The Bar also agreed to support
legislation for state funding of the delivery of legal services.

The Bar has determined who
will receive awards at the Mid-Year Bar Conference in March in St. George.
Judge Pamela Greenwood has been selected to receive the Dorathy Merrill
Brothers Award, and Professor Bob Flores has been selected to receive the
Judge Raymond Uno Award.

5. REPORT:
PERFORMANCE EVALUATION COMMITTEE: (John P. Ashton)

Mr. John Ashton reported that
during the comment period for the new rules governing judicial performance
evaluation, suggestions were raised for further changes to the rules. The
Judicial Performance Evaluation Committee considered several of these issues
and formulated responses to the issues raised. These issues were briefly
discussed by the Judicial Council. The Council also discussed other items
that the Performance Evaluation Committee could study this next year.

6. JUDICIAL
COUNCIL RULES FOR FINAL ACTION: (Tim Shea)

Tim Shea reported that a number
of rules were before the Council for final consideration. Most of the rules
pertained the internal Council committee structure and they received no
comments. The only rule that received significant comments was rule 4-608
regarding trials de novo of justice court proceedings in criminal cases.
The rules for final action include: Rule 1-204. Executive committees, Rule
2-102. Council agenda, Rule 2-207 Annual rulemaking and periodic review
of the Code, Rule 2-211 Compliance with the Code of Judicial Administration
and the Code of Judicial Conduct, Rule 3-105 Judicial Planning, Rule 3-106
Legislative activities, Rule 3-107 Executive branch policy initiatives,
Rule 3-114 The role of the judiciary in the community, Rule 3-306 Court
interpreters, Rule 3-406 Budget and fiscal management, Rule 3-415 Auditing,
Rule 4-201 Record of proceedings, Rule 4-202.02 Records classification,
Rule 4-202-03 Records Access, Rule 4-404 Jury selection and service, Rule
4-608 Trials de novo of justice court proceedings in criminal cases, Rule
4-704 Authority of court clerks to extend payment schedule and dismiss
citations, Rule 4-906 Guardian ad litem program, Rule 9-102 Caseload report
requirements, and justice court standards for recertification.

Motion:A motion was
made to adopt the rules listed above. The motion was seconded and carried
unanimously.

Daniel J. Becker reported that
the Governor released his budget recommendations in December. The Governor's
budget accepted all of the Judicial Council's reductions, and approved
expansion items such as leases and contracts and a jury, witness, interpreter
fee supplemental. The legislature has not expressed support of the Governor's
plan.

The Executive Appropriations
Committee has adopted new FY 2002 budgets based upon recommendations of
the subcommittees. The courts will experience $600,000 less of a reduction
in FY 02 than previously planned. These funds will be needed to avoid having
to begin a reduction in force prior to July 1, 2002, because the turnover
rate is less than had been projected. The legislature decided not to use
the rainy day fund, but is using some I-15 savings. Additionally, the legislature
did not hold the Department of Public Safety and Education harmless as
the Governor's plan did. General fund money was taken out of capital facilities
and a decision was made to bond. The analyst should be notifying the courts
of his recommended figure for FY 03 shortly. The court's FY 2003 budget
will be before the subcommittee January 30th.

8. PROPOSED
REDUCTION IN FORCE POLICY: (Daniel J. Becker)

Myron March reported that the
Management Committee and Policy and Planning Committee already reviewed
the following personnel policies: 270.01 Reduction in Force, 230.01 Employment
Categories, and 210.01 Recruitment and Selection. After reviewing the policies,
a motion was made.

Motion:A motion was
made to adopt the aforementioned policies. The motion was seconded and
carried with one opposed.

9. REPORT:
STANDING COMMITTEE ON CHILDREN AND FAMILY LAW: (Hon. Judith Atherton)

Judge Atherton, chair of the
Standing Committee on Children and Family Law, reported to the Council
on behalf of the Committee. The Committee was formed a little less than
two years ago, at which time there were six specific mandates for the Committee
to look at. Judge Atherton reported that the ADR Mediation Subcommittee
and the Custody Evaluation Subcommittee have been working together to review
domestic case handling. Mediation is a requirement in domestic cases, but
is often not met because it is possible for people to watch a video tape
and opt out. The Committee believes that early intervention which incorporates
mediation as soon as possible should be the goal.

Judge Atherton also reported
that in regards to protective orders, there has been a lot of disagreement
between the district and juvenile court regarding how to cases should be
addressed. The Committee recommends that protective orders on behalf of
children be eliminated and that existing available procedures in juvenile
court be applied. At the end of the abuse/neglect process a protective
order could be entered into. Children will receive the same protections,
but through the abuse/neglect process in the juvenile court.

Judge Hornak, chair of the Education
Standing Committee, provided an update to the Council. Judge Hornak reported
that in FY 2000-2001 166 classes were held for 2,620 participants, 61 different
courses were offered, 19 conferences were held for 1,653 participants,
49 out-of-state programs were attended and 69 local programs were provided
all with a $357,400 program budget. Judge Hornak reported that Judicial
Branch Education provides a strong foundation for the judiciary by focusing
on increasing the competence of all judges and staff. In addition to providing
classes and conference, however, Judicial Branch Education provides innovative
programs such as cultural competency training, pro tem judge training,
a senior clerk academy, a faculty development program, and public outreach
programs.

Justice Durham reported on
the efforts of the Public Outreach Sub-committee. Staff from Public Information,
Alternative Dispute Resolution, the Juvenile Court, Trial Court Executives,
members of Bar, and a senior judge serve on the sub-committee. The sub-committee
has been working for more than a year. An overview of outreach efforts
in Utah was distributed and discussed. It was noted that several initiatives
and ideas concerning public outreach have been identified and these types
of things are being institutionalized in the operation of the courts.

11. APPOINTMENT
OF NEW JUSTICE COURT JUDGE: (Richard Schwermer)

The Judicial Council reviewed
an application by Sarah Watson to become a new justice court judge in Spring
City.

Motion:A motion was
made to approve the aforementioned appointment. The motion was seconded.

A question was raised about
a reference on the application to being a "law professor at Snow College".

A vote was made, however,
and the motion carried unanimously.

12. EXECUTIVE
SESSION:

Motion:A
motion was made to go in to executive session to discuss personnel matters.
The motion was seconded and carried unanimously.

Motion:A motion was
made to come out of executive session. The motion was seconded and carried
unanimously.

Motion:Judge Hadield
made a motion to certify the judges being considered for retention. Judge
Valdez seconded the motion. The motion carried with one opposed. Justice
Wilkins opposed the motion due to his opposition of certifying Judge Cox
and Judge Young. If the motion had been a separate motion, he would have
voted to certify the remaining judges. Judges Ben Hadfield, Scott Johansen,
Ronald Hare, Clair Poulson, Lyle Anderson, Lynn Davis, Andrew Valdez, and
Jerald Jensen abstained from voting on themselves.

13. OTHER
BUSINESS:

Justice Wilkins proposed that
the rule amendment on the consent calendar to Rule 4-505.01 be postponed
for a month until it is clarified. Discussion then ensued concerning the
rule in which clarification was offered. A motion was then made.

Motion:A motion was
made to leave the word "judgement" in the rule and strike the word "damages"
in Rule 4-505.01. The motion was seconded and carried with one opposed.

The rule was adopted as amended.

14. ADJOURN:

Motion:A
motion was made to adjourn the meeting. The motion was seconded and carried
unanimously.